1. Definitions. “You,” “your,” and “yours” means Customer, all persons signing this Agreement, and all Authorized Drivers. “We,” “us” or “our” means SPC AUTOMOTIVE INC. Time is of the essence for any performance required under this Agreement. THIS AGREEMENT WILL AUTOMATICALLY RENEW AT THE RATE TERM INDICATED UNLESS YOU RETURN THE VEHICLE TO US ON OR BEFORE THE RETURN DUE DATE. YOU PROVIDE US WITH EXPLICIT CONSENT AND PERMISSION TO CHARGE YOUR CREDIT/DEBIT CARD(S) ANY CHARGES DUE UNDER THIS AGREEMENT.
2. Authorized Drivers and License Requirements. You and any Authorized Drivers must be at least 21 years old, always have a valid driver’s license during the Agreement, and are the only persons permitted to drive and operate the Vehicle. We cannot rent a car if you don’t have insurance. You must have a safe driving record. You represent to us you have no DUI/DWI convictions, moving ticket violations, unpaid citations, have not been involved in more than two accidents in the past 24 months. You grant us permission to verify & investigate all information provided in connection with this Agreement and share it with government agencies, including creditworthiness through credit agencies or other sources like DMV records, etc. Based on such a search, we reserve the right to deny a rental and/or terminate the rental at any time.
3. Renters must have own “State Minimum Liability Protection”. Secondary Liability is not supported. If you do not have it, we cannot rent the vehicle to you. The insured must make the insurance claim yourselves, NOT US. You may purchase Collision Damage Waiver (CDW) and/or Loss Damage Waiver (LDW) if you desire to be released from liability for collision or physical damage to the Vehicle. We shall not be liable for any problems with the insurance company. Even if the rental period is changed, the insurance fee is not refundable.
*Minimum Liability: $15,000 for injury/death to one person. $30,000 for injury/death to more than one person. $5,000 for damage to property.
4. The maximum rental contract is one month. If the contract is for more than one month, it can be extended. In that case, the contract will be re-signed every month. When the monthly user returns the rental, you must notify us at least 15 days prior to the return date. We may also cancel the contract for the following month if we are notified 15 days in advance. If we give you 15 days’ notice, we also have the right to terminate our contract with you. For daily or weekly rentals, a change of return date is allowed, but NO REFUNDS will be made.
5. Rental Indemnity and Warranties. This is a contract for the rental of the Vehicle for a specific time period which renews automatically for the same subsequent periods unless you cancel by returning the Vehicle to us. You agree to provide and update us with accurate contact information (address(s), phone number(s), place(s) of employment, etc.). You understand that if you fail to provide us with current contact information, we may hire an investigative agency at your cost and charge you an administrative fee. Please note we may recover, without notice to you, the Vehicle at your expense and subject to all fees in this Agreement if you fail to make payment to us as required by this Agreement, you abandon the Vehicle, you use the Vehicle to violate any law, or if you violate of ANY term of this Agreement. This also includes failure to return the Vehicle to us within FIVE (5) DAYS after the term in this Agreement has expired or we have provided written notice to you that the agreement has been terminated, pursuant to Vehicle Code Section 10855. Additionally, we may, without prior notice and were permitted by law, seize all personal belongings left in the vehicle and set off such items against any obligations and charges owed under this Agreement. You agree to indemnify, defend, and hold us harmless from all claims, liability, costs, and attorney fees we incur resulting from or arising out of this Agreement or your use of the Vehicle. We make no warranties, expressed, implied, or apparent, regarding the Vehicle, no warranty of merchantability, and no warranty that the Vehicle is fit for a particular purpose. You agree to indemnify us for any direct, indirect, or consequential damages you may experience (like travel, lodging, towing, telephone costs, etc.) as a result of mechanical failure regardless of fault.
6. Prohibited Uses. The Vehicle shall not be used: (a) by anyone other than Customer or Authorized Drivers in accordance with all the terms stated in paragraph 2; (b) by anyone under the influence of alcohol, prescription or non-prescription drugs; (c) by anyone who obtained the Vehicle or extended the rental period by giving us misleading, false, or fraudulent information; (d) under circumstances that could be properly charged as a crime other than a minor traffic violation; (e) to carry persons or property for hire, carry dangerous or hazardous items or illegal material; (f) to push or tow anything; (g) in a race or speed contest; (h) to teach anyone to drive; (i) in Mexico or outside of California without written authorization from us ($800 fee for such violations); (j) on unpaved surfaces; (k) when the odometer has been tampered with or disconnected; (l) when it is reasonable to expect you to know that further operation of the Vehicle would damage it; (m) to transport an animal, (n) without payment to us for the Vehicle; and (o) without maintaining/providing current contact information, credit/debit card(s), and/or insurance coverage. In addition, you agree not to: (1) smoke inside the Vehicle *including vape and other e-cigarettes; (2) give the keys, control, or possession of the Vehicle to anyone not authorized by this Agreement; (3) tamper with the Vehicle or its equipment; (4) remove or disassemble any part or accessory of the Vehicle; (5) attempt to sell or re-rent the Vehicle; (6) violate paragraphs 2 and 3 above. Any violation of this section constitutes a material breach of this Agreement; (7) Driven out of state or in Mexico; (8) Parked in a parking violation area
7. Inspection: Condition and Return of Vehicle. You must return the Vehicle to us in the same condition you received it. You grant us, our agents, assigns and each person with a financial interest in the Vehicle the right to inspect it during the rental period. You will check and maintain Vehicle fluid levels during the rental term and bring the Vehicle for regular and maintenance (like oil changes). You will stop driving the Vehicle and notify us immediately if a check engine light turns on. If you agreed to a weekly or monthly rental rate but return the Vehicle before the due date, you will be charged the daily rate instead for the entire contract term. You must return the Vehicle on the date/time specified in the Agreement with the same fuel level and in the same condition you received it, except for ordinary wear. If you return the Vehicle after closing hours, you remain responsible for all damage to the Vehicle until we are able to inspect it. You release us, our agents, and employees from all claims for loss or damage to personal property that was left with us or carried in the Vehicle; we may dispose of any property left in the vehicle for more than 30 days in any manner we choose.
8. Responsibility for Damage or Loss; Reporting to Police; Responsibility for Tolls and Parking Citations. You are responsible for: (a) physical and mechanical damage to the Vehicle up to the fair market value of the Vehicle as determined in the customary market for the sale of the Vehicle, regardless of the cause of the damage; (b) loss due to theft of the Vehicle up to its fair market value, provided that, you failed to exercise ordinary care while in possession of the Vehicle; (c) physical damage to the Vehicle up to its fair market value, as determined in the customary market for the sale of the Vehicle, resulting from vandalism occurring after, or in connection with, theft of the Vehicle, provided that, you have responsibility for theft of the Vehicle; (d) physical damage to the Vehicle up to a total of $1000 resulting from vandalism unrelated to a theft of the Vehicle; (e) actual charges for towing, storage, impound fees paid by us if you are liable for damage or loss; (f) our loss of rental income due to damage to the Vehicle until the Vehicle is repaired; and, (g) an administrative charge according to the schedule appearing in California Civil Code Section 1936. You may purchase Collision Damages Waiver (CDW) and/or Loss Damage Waiver (LDW) if you desire to be released from liability for collision or physical damage to the Vehicle. You must report all Vehicle accidents or incidents of theft and vandalism to us and the police as soon as you discover them. You are responsible for paying the charging authorities directly all parking citations, tolls, fines for toll evasion, and other fees, fines, and penalties assessed against you, us, or the Vehicle during the rental (referred to herein as “Citations”). If you fail to pay a Citation and we are notified that we may be liable for payment, you will reimburse us for all amounts we may pay on your behalf, plus pay an administrative fee as described in paragraph 9 (nine) for each such charge or notice. You are also responsible for maintaining the Vehicle including all reasonable repairs due to your use like flat tires, drained batteries, etc., subject to your optional purchase of roadside assistance from us.
9. Charges and Costs. You will pay us all charges due under this Agreement plus: (a) $50 or the maximum amount permitted by law, whichever is greater, if you pay us with a check returned unpaid for any reason; (b) all expenses we incur recovering the Vehicle for breach of any term of this agreement; (c) all costs, including prejudgment interest, pre/post-judgment attorney fees, we incur collecting payment from you or otherwise enforcing the terms of this Agreement; (d) Charges not paid on time will incur a $25.00 late fee, plus a 2% periodic monthly charge on all outstanding balances; (e) fuel surcharge fee if you return the vehicle with less fuel than when rented; (f) mileage charge based on our experience if the odometer is tampered with; and, (g) towing, storage charges, citations, forfeitures, damages, court costs, penalties and all other costs/losses incurred from your use of the Vehicle during the rental. If you initiate a chargeback with your credit card, then a card chargeback fee will apply.
10. Special Terms and Charges. You understand and agree with the following special terms and charges applied to this Agreement:
a) Cancellation Fee: 25% of the payment made for the reservation. After 72 hours after the reservation is completed.
b) Ticket, Tolls & Citation Fees: Failure to pay your ticket resulting in a notice sent to us: $30.00. If we must prepare an affidavit based on your non-payment of a ticket: $30.00.
c) DMV Registration Sticker or License Plate Replacement: Actual cost plus $50.00 each.
d) Impounded Car Releases: Actual cost plus $150.00.
e) Vehicle driven out state of California: $800.00 without authorization.
f) Additional Driver Fee: $25.00 each
g) Smoking Fee/Smoke smell in Vehicle * Including vape and other electronic cigarettes: $350.00
h) Transport an animal fee / Cleaning fee: $350.00
i) Vehicle excessively dirty or foul odor: $350.00
j) Vehicle exterior/interior cleaning fee (each): $350.00
k) Windshield Chips: $75.00
l) Windshield Crack: Actual Replacement cost: Actual cost ($300.00-$1000.00) plus $100.00.
m) Vehicle Recovery: $975.00 or actual cost (whichever is higher).
n) Liquid other than correct fuel in tank: $700 or the actual cost to repair (whichever is high er).
o) Service Calls without Roadside Assistance: Battery Replacement: $150, locksmith $300 (business hours) $400.00 after hours, other services $30/hour, plus 0.50/mile)
p) Fixing/replacing keys: $700.00
q) Failure to bring the vehicle in for maintenance: $100
r) Vehicle not returned by the due time, after a 29-minute grace period, will incur an hourly fee equal to one-half of the daily rate. After two hours, you will be charged to the next whole date under your applicable rate.
11. Mileage Surcharge: Renter agrees to pay a mileage surcharge as stated in the Mileage Surcharge Column of attached chart. If you have driven over its agreement mileages, a fee of US$ 0.75 per mile will be charge against Renter, over mileage are to pay without exceptions, no credit or exchange will be honor, ANSHIN RENTAL will provide mileage service for extra miles.
- Per day 150 miles
- Per week 500 miles
- Per month 1200 miles
12. DRIVING RANGE: YOU ARE ALLOWED TO DRIVE WITHIN CALIFORNIA STATE ONLY. Driving our rental vehicle in any other state or Mexico (including Baja California), Canada is prohibited.
13. Fuel Options: If you fail to return the Vehicle to us with at least as much fuel as when you rented the Vehicle, you will be charged $9.99 per gallon to fill the tank up to the level of fuel you rented the Vehicle.
14. CALIFORNIA LAW REQUIRES ALL CHILDEN UNDER 8 YEARS OF AGE WHO WEIGH LESS THAN 60 POUNDS. TO BE TRANSPORTED IN THE BACK SEAT OF THE VEHICLE IN A CHILD RESTRAINT SYSTEMS: a) in a rear-facing car seat that meets federal standards b) in the back seat, and in a manner that complies with the seat manufacturer's height and weight specifications.
15. Breach of Agreement. You waive all recourse against us for criminal prosecutions we take against you for breach of this Agreement. Either you or we can initiate an action to enforce the terms of this agreement with an exclusive venue in San Diego, CA. In such an action, the prevailing party shall be awarded its attorneys’ fees and costs.
16. Modifications. No term of this Agreement can be waived or modified except by a writing that we have signed or on a form that we provide. When the monthly user returns the rental, you must notify us at least 15 days prior to the return date. We may also cancel the contract for the following month if we are notified 15 days in advance. If we give you 15 days’ notice, we also have the right to terminate our contract with you. For daily or weekly rentals, a change of return date is allowed, but NO REFUNDS will be made. This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding the use of the Vehicle are void.
17. Waiver. A waiver by us of a breach of this Agreement is not a waiver of any additional breach or waiver of the performance of your obligations under this Agreement. Our acceptance of payment from you or our failure, refusal, or neglect to exercise our rights under this Agreement does not constitute a waiver of another provision of this Agreement. Unless prohibited by law, you release us from all liability for consequential, special, or punitive damages in connection with this transaction or the reservation of a vehicle. If a provision of this Agreement is deemed void the remaining provisions are valid and enforceable.
18. All vehicles are equipped with GPS (Air Tag) for tracking in case of emergency or loss. Please do not change the settings or remove the Air Tag without permission.